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Summary

Saylor Academy's Privacy Policy.

Full policy

The purpose of this Privacy Policy is to describe how Saylor Academy collects, uses and shares information about you through our online interfaces (e.g., websites and mobile applications) owned and controlled by us, including www.saylor.org
(collectively referred to herein as the “Saylor Academy Sites” or “Sites”). Please read this notice carefully. If you do not understand any aspects of our Privacy Policy, please feel free to contact us at contact@saylor.org.
Your use of our Sites is also governed by our Terms of Use.

If you do not accept the terms of this Privacy Policy or the Terms of Use, then please do not access, browse, or register for the Saylor Academy Sites or enroll in any courses. If you choose not to provide certain information required
to provide you with various services offered on the Saylor Academy Sites, then you may not be able to establish a user account or obtain those services.

This Privacy Policy is organized as follows:

Key Terms Used in this Policy

Information that Saylor Academy collects from You

Your Rights to Your Personal Information

Cookies and Tracking Technologies on the Saylor Academy Sites

How Your Information is Used

How Your Information is Shared

How to Manage Your Personal Information

Usage of Sites by Children & Personal Information

Data Storage & Security

Privacy Policy Updates

Security Breach Notifications

California Privacy Rights

International Privacy Practices

Contact Information

Key Terms Used in this Policy

Cookies are unique identifiers usually in the form of small data files placed on your device that send certain information about your activity on the Saylor Academy Sites or in an email communication back to Saylor
Academy or the authorized third party that served the cookie. Saylor Academy or third parties may also use Flash cookies.

Saylor Academy Sites consists of all content and pages located within the www.saylor.org web domain, including its Moodle instance found at learn.saylor.org, its Discourse Forums and any Saylor Academy mobile applications.

Personal Information is information that specifically identifies you or that, when combined with other information, could be used to identify you, such as your name, location, IP address or other similar identifiers
specific to you.

Tracking Technologies are web beacons, pixels, and similar technologies that are also unique identifiers used to track your online activity.

Information Saylor Academy Collects from You

Saylor Academy directly collects information when you:

sign up for an Saylor Academy user account and create an Saylor Academy user profile;

earn and claim a course completion certificate so that Saylor Academy’s third-party vendor can authenticate your identity or prepare the certificate for use and display by you;

participate in remote proctoring or other course facilitation processes (so that Saylor Academy’s third-party vendor can monitor and assess the integrity of your course activity); or

request an academic transcript.

To the extent that Saylor Academy associates the information that Saylor Academy collects directly or indirectly with an individual (for example, you), the association is based on Personal Information in your account profile. You may
voluntarily choose to share additional Personal Information on the Saylor Academy Sites, for example:

in your Saylor Academy account profile (and you may display a limited or full profile to other Saylor Academy Sites users); or

when participating in a course, forum, webinar, or other interactive experience on the Saylor Academy Sites (noting that in some cases, this information is shared with a third party that provides tools or other assistance for the
Saylor Academy Sites or a course).

Saylor Academy encourages you to use discretion before voluntarily sharing additional Personal Information on the Saylor Academy Sites. (If you later choose to delete your Saylor Academy account, deletion of your Personal Information
will be subject to the process and limits outlined below.)

Legal Basis for Processing Personal Information

Our legal basis for collecting, processing and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it. We may process your Personal
Information because:

we need to perform a contract with you;

you have given us consent to do so;

the processing is in our vital or legitimate interests, such as properly identifying students for course certificates and transcripts, and it’s not overridden by your rights;

to comply with applicable law

Your Rights to Your Personal Information

You have certain rights in relation to your Personal Information. You can access your Personal Information provided in your profile and confirm that it remains correct and up-to-date or choose whether or not you wish to receive material
from us or some of our partners by logging into the Sites and visiting your user account. If you would like further information in relation to your rights or would like to exercise any of them, you may also contact us via contact@saylor.org.
If you reside or are located in the European Union (“EU”), you also have the right to request that we:

provide access to any Personal Information we hold about you;

prevent the processing of your Personal Information for direct-marketing purposes;

update any Personal Information which is out of date or incorrect;

delete any Personal Information which we are holding about you;

restrict the way that we process your Personal Information;

provide your Personal Information to a third party provider of services; or

provide you with a copy of any Personal Information which we hold about you.

We try to answer every email promptly where possible, and provide our response within the time period stated by applicable law. Keep in mind, however, that there will be residual information that will remain within our databases, access
logs and other records, which may or may not contain your Personal Information. Please also note that certain Personal Information may be exempt from such requests in certain circumstances, which may include if we need to keep
processing your Personal Information to comply with a legal obligation. When you email us with a request, we may ask that you provide us with information necessary to confirm your identity.

Cookies and Tracking Technologies

Like many companies, Saylor Academy uses Cookies and other common Tracking Technologies, such as Google Analytics, on the Saylor Academy Sites and in email communications to help Saylor Academy better understand your use and needs
of the Saylor Academy Sites, current and future Saylor Academy-related products and services, and how Saylor Academy can improve. For example:

based on your cookie settings, Saylor Academy may track information indicating, among other things, which pages of the Saylor Academy Sites were visited, the order in which they were visited, when they were visited, and which hyperlinks
and other user interface controls were used;

Saylor Academy may log the IP address, operating system, and browser software (including mobile use and device type when you use Saylor Academy native mobile apps) you used when accessing the Saylor Academy Sites, and Saylor Academy
may be able to determine from an IP address your Internet Service Provider and the geographic location of your point of connectivity; and

Saylor Academy may track and collect information from emails that Saylor Academy sends to you, for example whether you opened the email or clicked on any links from the email.

Saylor Academy also partners with third parties to help us track and understand your activity on the Saylor Academy Sites, how you interact with Saylor Academy’s social media, and how you find or may be referred to the Saylor Academy
Sites. Saylor Academy uses Cookies and other Tracking Technologies for the following purposes:

when necessary for system administration, security, and integrity to ensure the Saylor Academy Sites works properly for you. Without these technologies, the Saylor Academy Sites may not function correctly;

to enable analytics, performance and functionality, to help Saylor Academy gather information about how visitors use the Saylor Academy Sites and monitor Saylor Academy Sites performance, and to enhance your experience by recognizing
and remembering whether you have visited the Saylor Academy Sites before and may have any personal preferences; and

to support marketing by enabling Saylor Academy to deliver content relevant to your interests on the Saylor Academy Sites and third-party Sites based on how you interact with Saylor Academy, its advertisements or content. Saylor
Academy may use “first-party” cookies, which means cookies served by Saylor Academy, and also “third-party” cookies, which means cookies served by third parties that help Saylor Academy track this information.

To help grow our community we purchase advertising on Facebook.com. Facebook offers a tool called “Pixel” that enables us to evaluate the effectiveness of our Facebook ads to reach more people who are interested in our courses.
Any data we collect from Facebook Pixel is subject to this Privacy Policy and our Terms of Use. Any data Facebook collects from Pixel is subject to Facebook’s privacy policy.

You have some options for managing Cookies and other Tracking Technologies. These include:

Modifying your browser settings: You should be able to control how and whether your web browser accepts Cookies by adjusting its privacy and security settings. The “help” feature of the menu bar on most browsers
will tell you how to stop accepting new Cookies, how to receive notification of new Cookies, and how to disable existing Cookies. If you reject Saylor Academy’s Cookies, some functions and conveniences of the Saylor Academy
Sites may not work properly.

Opting-out of certain third-party tracking and advertising: Some of the third parties used by Saylor Academy for Cookies and Tracking Technologies offer the ability to opt-out from their tracking by following processes
described on their websites. A list of some such third parties is maintained and available on this page: https://www.saylor.org/privacy-policy/third-parties. Saylor Academy is not responsible for the effectiveness of any third-party
opt-out options.

How Your Information is Used

Saylor Academy uses information, including Personal Information, to carry out the following purposes:

Operate and improve the Saylor Academy Sites – This includes creating and improving features that support the Saylor Academy community and enable Saylor Academy Sites usage at scale. This also may include personalizing
the Saylor Academy Sites, so your learning experience is tailored to your interests and needs.

Create, administer, provide, and teach courses – This includes creating and improving the delivery of our courses and programs on the Saylor Academy Sites. This may also include personalizing courses, so your learning
experience is tailored to your interests and needs, and assessing your performance and awarding certificates.

Offer and improve products and services – This includes enabling you to navigate the Saylor Academy Sites, to enroll and participate in courses and programs on the Saylor Academy Sites, to learn effectively in
such courses and programs, and to purchase or obtain products and services on the Saylor Academy Sites such as Accredible Certificates or our exam proctor partner ProctorU.

Develop and maintain the security and performance of the Saylor Academy Sites – This includes tracking Saylor Academy Sites outages and creating software solutions, detecting violations of the Honor Code and Terms
of Service, and monitoring uses, misuses, and potential misuses of the Saylor Academy Sites.

Communicate with you – This includes answering your questions, notifying you of Saylor Academy Sites maintenance and updates, marketing to you about course offerings, programs, news, and related products and services
of Saylor Academy.

Track Saylor Academy Sites usage against goals and mission – This includes performing analytics to evaluate access to and performance in courses and course-related products and services and to report aggregate
usage information (not Personal Information) to business partners and external audiences.

Exercise, enforce, and comply with legal rights and obligations – This includes responding to subpoenas, court orders, or other legal process; and investigating, preventing, or taking action regarding illegal activities,
suspected fraud, security or technical issues, or to protect the rights, property, or safety of Saylor Academy, or others, and as otherwise required by applicable law.

Saylor Academy may also seek your consent for additional uses of information, including Personal Information, and will use it only for the purpose described to you. All use of Personal Information is subject to applicable law.

How Your Information is Shared

Saylor Academy shares information, including Personal Information, with third parties for the following purposes:

With service providers, contractors, and other third parties that help carry out the uses described above – Saylor Academy requires third parties to: (1) abide by this Privacy Policy and applicable law; (2) handle
Personal Information in a confidential manner and maintain adequate security; and (3) use Personal Information only as needed to fulfill the relevant purpose(s). In some cases, the Saylor Academy Sites and individual courses
are integrated with third-party services or contain links to websites published by third parties, including other content providers as well as service providers. These third parties are responsible for their own privacy practices,
so you should pay attention anytime you are redirected to a third-party websites and be sure to review its privacy policy.

With other learners in courses that you take and with other
visitors to the Saylor Academy Sites, to create an interactive learning
environment, support class participation, and share course information – This includes sharing comments, coursework, or other information or content that you submit to a portion of the Saylor Academy Sites, such as our Discourse Forums designed
for viewing by other class members or for public communication. This also includes providing opportunities for you to communicate with other users who may have similar interests or educational goals, for instance, recommending
specific study partners or connecting potential student mentees and mentors. In such cases, Saylor Academy may use all information collected about you to determine who might be interested in communicating with you, but will
only provide others your username as you elect for it to be displayed (for clarity, unless part of the username you choose to display, we do not disclose your real name or email address for these purposes).

With employers, government programs, institutions, or other
enterprises that sponsor your enrollment in a course for training or
other educational purposes – If an entity partners with Saylor Academy or otherwise sponsors your course participation, Saylor Academy will share information with the entity as needed to confirm your enrollment, participation, progress, and completion
status in that course.

With affiliates of Saylor Academy, or with successors in the
event of a merger, acquisition, or reorganization, for their use
consistent with this Privacy Policy.

Saylor Academy may also seek your consent for additional disclosures of information, including Personal Information, and will share it only as described to you. In addition, Saylor Academy may share with the public and with third parties,
including but not limited to researchers and business partners, information and Personal Information that is anonymized or aggregated in a manner that does not personally identify you.

How to Manage Your Personal Information

You can manage your Personal Information through learner features on the Saylor Academy Sites and requests to the Saylor Academy learner support team. Saylor Academy will provide support to the extent required by applicable law (for
example, learners in the European Union) and more broadly when possible, as a courtesy in our sole discretion.

Access and correct your Personal Information

Much of your Personal Information is available in your Saylor Academy account. Your name, email address, and other identifiable profile information is editable through the profile settings in your Saylor Academy account except as noted
below. Your account dashboard lists all current and archived courses in which you have enrolled and includes links to any course certificates you may have earned. The dashboard also contains copies of your answers and other participation
and performance in courses. Please contact Saylor Academy learner support to access and update this or other information. Exceptions: Saylor Academy does not track or index every time or every place on the Saylor Academy Sites
when or where a learner may volunteer Personal Information, so Saylor Academy may not be able to help you locate or manage all such instances. Saylor Academy encourages you to use discretion before volunteering Personal Information
on the Saylor Academy Sites.

Restrict or object to the processing of Personal Information

If you want to manage emails and other communications to you, you may update your preferences in your Saylor Academy account dashboard, follow the steps described in links at the bottom of email messages, or contact Saylor Academy
support. You may object to, or request that Saylor Academy stop, its use of your Personal Information for other purposes by contacting Saylor Academy. Please note that if you choose to restrict Saylor Academy’s ability to process
Personal Information, and the processing is otherwise required to provide you with various services and products offered on the Saylor Academy Sites, you may not be able to establish or maintain a Saylor Academy user account or
enroll for a courses or earn certificates.

Delete account and Personal Information

To request deletion of your Saylor Academy account and Personal Information, you should send us an email requesting deletion or cancellation. Because deletion on the Saylor Academy system is a permanent action and cannot be reversed,
Saylor Academy may ask you to complete a process that aims to confirm your authority to manage the Saylor Academy account affected by your request. With respect to your Saylor Academy account, Saylor Academy will permanently:

deactivate your Saylor Academy account;

remove the active profile;

anonymize or delete forum posts;

delete certificates from provider site;

retire your username; and

remove you from Saylor Academy email lists.

With respect to your Personal Information, Saylor Academy will permanently delete your Saylor Academy account profile Personal Information from the Saylor Academy Sites. As noted above, to the extent that Saylor Academy associates
the information that Saylor Academy collects directly or indirectly with an individual (for example, you), the association is based on Personal Information in your Saylor Academy account profile. By erasing the Personal Information
in your Saylor Academy account profile, the remaining information about your activity on the Saylor Academy Sites will no longer be associated with you, except as noted below. These changes will be applied to data stores that are
used for operation of the Saylor Academy Sites including for course administration and completion records. Exceptions: Deletion will not apply to historical activity logs or archives unless and until these logs and data naturally
“age-off” the Saylor Academy system. Saylor Academy does not track or index every time or every place on the Saylor Academy Sites when or where a learner may volunteer Personal Information, so Saylor Academy may not be able to
help you locate or manage all such instances. Saylor Academy encourages you to use discretion before voluntarily sharing your Personal Information on the Saylor Academy Sites. We will make reasonable efforts to delete information,
however, Saylor Academy cannot always delete all records of past interactions and transactions. Saylor Academy will retain and use Personal Information as necessary to comply with its legal obligations, resolve disputes, enforce
its agreements, and as otherwise permitted by applicable law.

Data Retention

Saylor Academy will retain your Personal Information for as long as your account is active or as needed to provide you with services; to maintain a record of your transactions for financial reporting, audit, and compliance purposes;
and to comply with Saylor Academy’s legal obligations, resolve disputes, enforce its agreements, and as otherwise permitted by applicable law. Upon your request that Saylor Academy deactivate your account and delete your information
we will follow the process described herein.

Usage of Sites by Children & Personal Information

Saylor Academy Sites are not designed or intended for children under the age of 13. We do not permit anyone under age 13 to use the Sites as stated in our Terms of use. We do not intentionally collect personally identifiable information
from any person we actually know is under the age of 13. In the event we learn that such information has been provided through the Sites, we will delete or remove the information. For Sites users in the EU, If we become aware that
a child has provided personal information we will delete their information and terminate the child’s account, except in cases of express parental consent for children under 16 years of age. Children under the age of 16 years must
obtain consent from the holder of parental responsibility before using our online services. If such consent is not obtained and we learn that personal information was provided to us by or about someone under 16 years of age that
is an EU resident or otherwise covered by EU law, we will delete and remove the information.

Storage & Security

Saylor Academy may store information, including Personal Information, on its own servers and also on servers of companies that Saylor Academy hires to provide services. In each case, information may be stored in the United States and
in other countries where Saylor Academy operates. If you are in the European Union, Switzerland, or other regions with laws governing data collection and use, you acknowledge that Saylor Academy may transfer, process and store
your personal information in the United States and other countries, the privacy laws of which may be considered less strict than those of your region. Saylor Academy utilizes reasonable administrative, physical, and technical safeguards
that attempt to reasonably and appropriately protect the confidentiality, integrity, and availability of the information that it collects, receives, stores, or transmits. However, no method of transmission over the Internet, or
method of electronic storage, is 100% secure; and therefore, Saylor Academy cannot guarantee its absolute security. While Saylor Academy works hard to ensure the integrity and security of its network and systems, Saylor Academy
cannot guarantee that its security measures will prevent “hackers” or other unauthorized persons from illegally accessing or obtaining information.

Security Breach Notifications

If Saylor Academy learns of a security breach involving its copy of your Personal Information, Saylor Academy may attempt to notify you electronically so that you may take appropriate protective steps. By using the Saylor Academy Sites
or providing Personal Information to Saylor Academy, you agree that Saylor Academy can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Saylor Academy Sites.
If a security systems breach occurs, Saylor Academy may post a notice on the Saylor Academy homepage (www.saylor.org) or elsewhere on the Saylor Academy Sites and may send an email to you at the email address associated with your
Saylor Academy account. Depending on where you are located, you may have a legal right to receive notice of a security breach, involving your Personal Information, in writing.

Privacy Policy Updates

This Privacy Policy will be reviewed and updated from time to time. When changes are made, the Privacy Policy will be labeled as “Revised (date),” indicating that you should review the new terms, which will be effective immediately
upon posting on this page, with an updated effective date. By accessing the Saylor Academy Sites after any changes have been made, you accept the modified Privacy Policy and any changes contained therein. In case you miss the notification
referenced above, be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

International Privacy Practices

Saylor Academy’s Sites are primarily operated and managed on servers located and operated within the United States. In order to provide our products and services to you, we may send and store your Personally Identifiable Information
(also commonly referred to as personal data) outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your Personally Identifiable
Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personal Information. We are committed to taking
reasonable steps to protect the privacy and confidentiality of Personal Information when it is transferred. If you reside or are located within the EU and such transfers occur, we strive to take appropriate steps to provide the
same level of protection for the processing carried out in any such countries as you would have within the EU to the extent feasible under applicable law.

Contact Information

If you have privacy concerns, have disclosed data you would prefer to keep private, or would like to access the Personal Information that Saylor Academy maintains about you, please contact us at contact@saylor.org.

1. General Information Regarding These Terms of Use (“Terms”). The
Constitution Foundation d/b/a the Saylor Foundation is a 501(c)(3)
non-profit organization with a business office at 1875 Connecticut Ave
NW, 10th Floor, Washington DC 20009 (the “Foundation”). Please read
these terms carefully because they apply to your use of www.saylor.org and
any other websites operated by the Foundation (each, a “Website”), as
well as to all services that the Foundation offers through its Websites
(“Services”). Unless otherwise agreed in writing with the Foundation,
your use of any Foundation controlled Website or Service will always be
subject to, at a minimum, the terms and conditions set out in this
document (the “Terms”) and our Privacy Policy, available here.

2. Your Agreement to the Terms. Your
access or use in any way of any Foundation controlled Website or
Service, including, but not limited to, our course platform and
discussion forums signifies that you have read, understand and agree to
be bound by these Terms. By accessing or using any Foundation controlled
Website or Service you also represent that you have the legal authority
to accept the Terms on behalf of yourself and any party you represent
in connection with your use of any Website or Service. If you do not
agree to the Terms, you are not authorized to use any Website or
Service.

3. Changes to the Terms. From time to
time, the Foundation may change, remove, add to or otherwise modify the
Terms, and reserves the right to do so at its discretion. In that case,
we will post the updated Terms, as relevant, to the applicable
Website(s) and indicate the date of revision. We encourage you to
periodically review the Terms. In addition, if our modifications are
material, we may display a notice on the Websites indicating that the
Terms have changed. All new and/or amended Terms take effect
immediately. Notwithstanding the foregoing, no modification to the Terms
will apply to any dispute between you and the Foundation that arose
prior to the effective date of any modification. Your continued use of
any Foundation controlled Website or Service after new and/or revised
Terms are effective signifies that you have read, understood and agreed
to those Terms.

4. Provision of the Websites and Services. You
may only use the Websites and Services in accordance with these Terms.
In particular but without limitation, you may not use the Websites and
Services for any purpose that is unlawful or prohibited by these Terms,
or any other conditions or notices that are made available on any
Website or Service.

5. Location of the Websites and Services. The
Websites and Services are controlled and offered by the Foundation from
facilities in the United States of America. The Foundation makes no
representations that the Websites or Services are appropriate or
available for use in other locations. If you are accessing or using any
Website or Service from other jurisdictions, you do so at your own risk
and you are responsible for compliance with local law. Notwithstanding
the foregoing, the Websites may contain or provide links to Content (as
defined below) hosted on servers located outside of the United States of
America.

6. User Conduct. Users agree not to
use the Websites or Services, including but not limited to our course
platform and discussion forums, in the following manner:

Post, use or transmit Content that you do not have the right to post
or use, for example, under intellectual property, confidentiality,
privacy or other applicable laws;

Post, use or transmit unsolicited or unauthorized Content, including
advertising or promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of unsolicited or
unwelcome solicitation or advertising;

Post, use or transmit Content that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment or otherwise interfere with or disrupt the
Websites or Services or servers or networks connected to the Websites or
Services, or that disobeys any requirements, procedures, policies or
regulations of networks connected to the Websites or Services;

Post or transmit Content that is harmful, offensive, obscene,
abusive, invasive of privacy, defamatory, hateful or otherwise
discriminatory, false and misleading, incites an illegal act, or is
otherwise in breach of your obligations to any person or contrary to any
applicable laws and regulations;

Intimidate or harass another user;

Use or attempt to use another’s account, service, or personal information;

Remove, circumvent, disable, damage or otherwise interfere with any
security-related features that enforce limitations on the use of the
Websites or Services;

Attempt to gain unauthorized access to the Websites or Services,
other accounts, computer systems or networks connected to the Websites
or Services, through hacking password mining or any other means or
interfere or attempt to interfere with the proper working of the
Websites or Services or any activities conducted through the Websites or
Services;

Use any means to bypass or ignore any measures we use to restrict access or use of the Websites or Services;

Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Post or transmit any personally identifiable information about persons under 13 years of age;

Engage in any other behavior that impairs the Foundation’s ability
to provide the Website or Services or any user’s ability to fully
utilize the Website or Services.

In addition, you may not (and may not authorize another party to):
(i) frame or otherwise co-brand the Website (for example, by displaying a
name, logo, trademark or other means of attribution of a third party
that is reasonably likely to give the user the impression that that
third party has the right to display, publish or distribute the
Website); or, (ii) use any Website or function, in any manner that could
disable, overburden, damage or impair such Website or function, or
interfere with any other party’s use and enjoyment of any Website or
function.

7. Terms Relating to Content on the Websites and Services

Responsibility for Content. You understand that all
material, data and information, such as data files, written text,
computer software, music, audio files or other sounds, photographs,
videos or other images (collectively, “Content”) which you may have
access to as part of, or through your use of, the Websites and Services
are the sole responsibility of the person from which such Content
originated. This includes assertions that persons may make, expressly or
impliedly, about the provenance and ownership of Content that they
supply, upload, list and/or link to. You understand that by using the
Websites and Services, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances is the Foundation
liable in any way for any Content, including, but not limited to: any
infringing Content, any errors or omissions in Content, or for any loss
or damage of any kind incurred as a result of the use of any Content
posted, transmitted to, linked to or otherwise accessible or made
available via the Websites and Services.

Content You Provide. You may only submit Content to
the Websites or in connection with the Services that you have the right
to submit. This means that you can only submit Content that you
yourself create, that is in the public domain or that you have been
expressly granted the right to submit consistent with these Terms. For
the avoidance of doubt, Content that infringes the rights of any third
party (e.g., Content used without express permission of the copyright
owner and not otherwise permitted by law) must not be submitted. You
represent, warrant and agree that no Content of any kind submitted,
posted or otherwise shared by you on or through any of the Foundation
controlled Websites or Services, violates or infringes upon the rights
of any third party, including copyright, trademark, privacy, publicity
or other personal or proprietary rights; or contains libelous,
defamatory or otherwise unlawful material. Further, you represent,
warrant and agree not to submit any personally identifiable information,
including any Content containing personally identifiable information,
about any person who is under 13 years of age. The Foundation may, but
is not obligated to, review your submissions and may delete or remove
(without notice) any Content at its sole discretion that the Foundation
determines violates the Terms or that may be offensive, illegal, or that
might violate the rights, harm or threaten the safety of others. The
Foundation does not endorse or support any Content posted by you or any
other third party on or through the Websites or Services. You alone are
responsible for creating backup copies and replacing any Content you
post on the Websites or Services, and you authorize the Foundation to
make copies of your Content as deemed necessary in order to facilitate
the posting of your Content on the Websites or Services. You may request
the removal of your Content from the Websites or Services at any time,
and the Foundation will take reasonable steps to promptly remove such
Content; provided, however, that the Foundation can remove any such
Content only from its Websites and is not responsible for removing
Content from email archives, wiki history pages and similar community
forums where you may post content, or others’ computers. If you choose
to remove your Content, the Foundation license you granted when
submitting such Content will remain in full force and effect in
accordance with its terms.

Use of Content on the Website or Services. You may
use the Content you find on the Websites or Services in accordance with
the terms of the license applicable to that Content. For the avoidance
of doubt, you must attribute all Content (except public domain Content)
in the manner specified by the author or licensor (including attribution
to any designated Attribution Party) and in accordance with the terms
of such license and you must not remove or alter any copyright,
trademark, name or other notice or legend that appears in connection
with the Content, except as explicitly authorized in or required by the
terms of the Content license.

You represent and warrant to the Foundation that you will use any and
all Content on our Websites or Services in accordance with the
applicable license. You should be sure to review the terms of that
license before you use the Content to which it applies so that you know
what you can and cannot do. By using the Websites or Services, you agree
that you are solely responsible for your use of any and all Content
made available thereon.

You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the provenance,
ownership, accuracy, completeness, or reliability of such Content. In
this regard, you acknowledge that you may not rely on any Content made
available on the Websites or Services without your own independent
evaluation of that Content. The Foundation does not guarantee that all
Content made available on the Websites or Services does not infringe the
rights of any third party.

8. Third Party Websites and Content; Links. The
Websites or Services may contain links to websites not controlled by
the Foundation (“Third Party Websites”), as well as Content belonging to
or originating from persons or organizations other than the Foundation
(“Third Party Content”). You further acknowledge that the Foundation (a)
is not responsible or liable for any Third Party Websites or any Third
Party Content, information or products made available at any Third Party
Website; (b) has not reviewed any Third Party Websites or Third Party
Content for accuracy, appropriateness, completeness or non infringement;
(c) has not sponsored or otherwise endorsed Third Party Websites or
Third Party Content; and (d) makes no representations or warranties
whatsoever about any Third Party Websites or Third Party Content.

9. Participating in Our Community: Registered Users. Registering
for an account on any Foundation controlled Services, Websites, or
webpage including, but not limited, to our course platform and
discussion forums is void where prohibited. Only persons who are over
the age of majority in their geographic jurisdiction (which typically is
18, but may be different in your jurisdiction) and fully competent to
enter into the terms, conditions, obligations, affirmations,
representations and warranties set forth in the Terms and to abide by
and comply with the Terms may register for an account and use the
related Services; provided, however, that if you are under the age of
majority in your jurisdiction but 13 years of age or older, you may join
with the express permission of your parent or legal guardian. Any
registration by, use of or access to the Services provided to Registered
Users (defined below) by anyone (1) under the age of 13 or (2) under
the age of majority in their jurisdiction but without parental or
guardian permission, is unauthorized, unlicensed and a violation of
these Terms.

Individuals that register for an account on any of the Websites or
use the related Services are defined as “Registered Users.” By
registering for an account or using the Services, you represent and
warrant that you (1) are the age of majority in your jurisdiction or,
(2) are 13 years of age or older and have the express permission of a
legal guardian to become a Registered User and use Services made
available to Registered Users, and you further agree to abide by all of
the terms and conditions of these Terms.

All services offered to Registered Users, including but not limited
to the course platform, are provided subject to these Terms. The
Foundation reserves the right to modify or discontinue the accounts of
users and related Services at any time. The Foundation disclaims any and
all liability to users and third parties in the event the Foundation
exercises its right to modify or discontinue user accounts or related
Services.

10. Registration; Security. You agree
to (a) provide accurate, current and complete information about you, if
and as may be prompted by the registration process on any of the
Websites, (b) maintain the security of your password(s) and
identification, (c) maintain and promptly update your registration
information and any other information you provide to the Foundation, and
to keep it accurate and complete to, among other things, allow us to
contact you, and (d) be fully responsible for all use of your account
and for any actions that take place using your account. It is your
responsibility to ensure that the Foundation has up-to-date contact
information for you. You may not set up an account or membership on
behalf of another individual or entity unless you are authorized to do
so.

In addition, the Foundation may, at any time: (a) modify, suspend or
terminate the operation of or access to your user account for any
reason; (b) modify or change such Websites and Services and any
applicable Terms and policies governing your user account and related
Websites and Services for any reason; and (c) interrupt user accounts
and related Websites and Services for any reason, all as the Foundation
deems appropriate in its discretion. Your access to your account, and
use of the related Websites and Services may be terminated by you or by
the Foundation at any time and for any reason whatsoever, without
notice.
In addition, the Foundation reserves the right to delete and purge any
account and all Content associated therewith following any prolonged
period of inactivity, all as may be determined by the Foundation in its
complete discretion.

11. Disclaimer of Warranties. To the
fullest extent permitted by the applicable law, the Foundation offers
its websites and services “AS-IS” and makes no representations or
warranties of any kind concerning the Websites or Services, express,
implied, statutory or otherwise, including, without limitation,
Warranties of Title, Merchantability, Fitness for a Particular Purpose,
or non-infringement. The Foundation does not warrant that the functions
or content contained in its Websites or accessed through its Services
will be uninterrupted or error-free, that defects will be corrected, or
that the Foundation servers are free of viruses or other harmful
components. The Foundation does not warrant or make any representation
regarding use or the result of the use of the content in terms of
accuracy, reliability, or otherwise.

12. Limitation of Liability. Except
to the extent required by applicable law and then only to that extent,
in no event will the Foundation, its employees, officers, directors,
affiliates or agents (“The Foundation Parties”) be liable to you on any
legal theory for any incidental, direct, indirect, punitive, actual,
consequential, special, exemplary or other damages, including without
limitation, loss of revenue or income, lost profits, pain and suffering,
emotional distress, cost of substitute goods or services, or similar
damages suffered or incurred by you or any third party that may arise in
connection with the Foundation controlled Websites or Services (or the
termination thereof for any reason), even if the Foundation Parties have
been advised of the possibility of such damages. IF YOU ARE
DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

The Foundation Parties shall not be responsible or liable whatsoever
in any manner for any content posted on the Websites or Services
(including claims of infringement relating to content posted on the
Websites or Services), for your use of the Websites or Services, or for
the conduct of third parties whether on the Websites, in connection with
the Services or otherwise relating to the Services.

13. Indemnification for Breach of Terms of Use. You
agree to indemnify and hold harmless the Foundation Parties (defined
above) from and against any and all loss, expenses, damages, and costs,
including without limitation reasonable attorneys fees, resulting,
whether directly or indirectly, from your violation of the Terms. You
also agree to indemnify and hold harmless the Foundation Parties from
and against any and all claims brought by third parties arising out of
your use of any of the Websites or Services and the Content you make
available via any of the Websites or Services by any means, including
without limitation through a posting, a link, reference to Content, or
otherwise.

14. Privacy Policy. The Foundation is
committed to handling responsibly the information and data we collect
through our Websites and Services and agrees to use your personal
information in accordance with the Privacy Policy and the Terms. The
Privacy Policy is hereby incorporated by reference into these Terms.

15. Copyright Complaints; DMCA Compliance. The
Foundation respects the intellectual property rights of others, and we
prohibit users of our Websites and Services from submitting, uploading,
posting or otherwise transmitting any materials that violate another
person’s intellectual property rights.

The Foundation complies with the provisions of the Digital Millennium
Copyright Act (“DMCA”). As required by the DMCA, a Designated Agent has
been established with proper documentation sent to the US Copyright
Office. For more information, please refer to our DMCA Notice and
Takedown Procedure (https://www.saylor.org/dmca). Contact our designated agent to report alleged copyright infringement. The designated agent is:

Additionally, it is our policy to terminate usage rights and any
applicable user accounts of users we determine, in our sole discretion,
to be intentional infringers of others’ copyrights. Content hosted on
Third Party Websites is the responsibility of those Websites. If you are
the copyright owner of Content hosted on a Third Party Website, and you
have not authorized the use of your Content, please contact the
administrator of the hosting Website directly to have the Content
removed.

16. Termination of this Agreement. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Terms.

The Foundation may, at any time: (a) modify, suspend or terminate the
operation of or access to any of the Websites or Services, or any
portion of the Websites or Services, for any reason; (b) modify or
change the Websites or Services, or any portion of the Websites or
Services, and any Terms and other policies governing the use of the
Websites or Services, for any reason; (c) interrupt the operation of the
Websites or Services, or any portion of the Websites or Services, for
any reason, all as the Foundation deems appropriate in its sole
discretion.

The disclaimer of warranties, arbitration, the limitation of
liability and the jurisdiction and applicable law provisions shall
survive any termination. The license grants mentioned herein shall
continue in effect subject to the terms of the applicable license. Your
warranties and indemnification obligations shall survive any
termination.

17. Choice of Law & Arbitration. These
Terms are governed by and construed by the laws of the District of
Columbia, in the United States, exclusive of its choice of law rules.
Further, except where prohibited, you agree that: (1) any and all
disputes, claims and causes of action arising out of your use of the
Website or Services or these Terms shall be submitted to the alternative
dispute resolution service, JAMS, for binding arbitration under its
rules then in effect in the Washington, D.C. area, without resort to any
form of class action, and determined by one (1) arbitrator to be
mutually agreed upon by both parties, with the parties agreeing to share
equally in the arbitration costs; (2) any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with use of the Website or Services, but in
no event attorneys’ fees; and (3) under no circumstances will you be
permitted to obtain awards for, and, by using the Website or Services
waive all rights to claim, indirect, punitive, incidental and
consequential damages and any other damages, other than for actual
out-of-pocket expenses, and any and all rights to have damages
multiplied or otherwise increased. All issues and questions concerning
the construction, validity, interpretation and enforceability of these
Terms, or any rights and obligations arising from use of the Website or
Services or these Terms, shall be governed by, and construed in
accordance with, the laws of the District of Columbia without giving
effect to any choice of law or conflict of law rules (whether of the
District of Columbia or any other jurisdiction), which would cause the
application of the laws of any jurisdiction other than the District of
Columbia. Please note that this arbitration provision shall survive the
termination of your relationship with us.

18. Miscellaneous Terms. Either
party’s failure to insist on or enforce strict performance of any of the
Terms shall not be construed as a waiver of any provision or right. If
any term or part of the Terms is held to be invalid or unenforceable by
any law or regulation or final determination of a competent court or
tribunal, that provision will be deemed severable and will not affect
the validity and enforceability of any remaining provisions. The parties
agree that no joint venture, partnership, employment, fiduciary, or
agency relationship exists between you and the Foundation as a result of
these Terms, or your use of any of the Websites or Services. These
Terms constitute the entire agreement between you and the Foundation
relating to this subject matter and supersede all prior, contemporaneous
and future communications (with the exception of future amendments to
the Terms as made available by the Foundation from time to time) between
you and the Foundation. A printed version of the Terms and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based on or relating to the Terms to the same
extent and subject to the same conditions as other business documents
and records originally generating and maintained in printed form.